Tafsir of Al-Baqarah 2:282

Surah Al-Baqarah (2:282) - Translation and Exegesis (Tafsir)

"O you who have believed, when you contract a debt for a specified term, then write it down..."

There are two perspectives regarding the coherence (Nathm) of this verse:

First Perspective (The Order of Discourse):

1. Context: Previously, Allah commanded two types of actions that lead to a reduction in wealth: spending in the cause of Allah (infaq) and abstaining from usury (Riba).
2. Warning: These two commands were concluded with a severe warning: "And fear a Day when you will return to Allah" (2:281). Fear (Taqwa) generally restricts one from many avenues of worldly gain.
3. The Command to Preserve Wealth: Following this, Allah encourages the preservation of lawful wealth from corruption and loss. This is because the ability to spend in Allah's cause, avoid Riba, and maintain piety is incomplete without possessing wealth.
4. Emphasis on Preservation: Due to this subtle connection, Allah strongly enjoined the preservation of lawful wealth from all forms of waste. This is similar to the verse in Surah An-Nisa: "And do not give the foolish your property which Allah has made for you to stand by" (4:5), urging caution regarding wealth because it is a means for both worldly and religious benefit.
5. Al-Qaffal's Observation on Elaboration: Al-Qaffal noted that Quranic expressions are usually concise, yet this verse is exceptionally detailed. He points out the repetition in commanding the writing:
   • "Write it down."
   • "Let a scribe write between you with justice."
   • "And let not a scribe refuse to write as Allah has taught him." (This reiterates the command for justice, as what Allah taught is justice.)
   • "Let him write." (A repetition of the first command.)
   • "And let the one who owes the debt dictate..."
   • The command "Let a scribe write between you with justice" is sufficient to imply that the scribe writes what is dictated.
   • "And let him fear Allah, his Lord." (Emphasis/Confirmation.)
   • "And let him not omit therefrom anything." (Implied by fearing Allah.)
   • "And let not a scribe refuse to write as Allah has taught him, so let him write." (Further emphasis.)
   • Finally, the verse mentions the benefits: "That is more just with Allah and more upright for testimony and nearer to preventing doubt." (2:282)
6. Conclusion of the First Perspective: All this elaboration demonstrates that since the preceding verses urged actions that reduce wealth (spending and avoiding Riba), this verse strongly emphasizes preserving lawful wealth so that one can fulfill those obligations (spending, avoiding sin, and maintaining piety). This structure is subtle and elegant.

Second Perspective (The Meaning of Mudaayanah):

1. Some commentators suggest that Mudaayanah (contracting debt) here refers specifically to Salam (forward sale).
2. Since Riba was forbidden in the preceding verse, Allah permitted Salam throughout this entire verse.
3. This is because all the benefits sought through Riba are obtainable through Salam. Some scholars state that for every unlawful pleasure or benefit, Allah has provided a lawful means to attain a similar pleasure or benefit.

Tadaayantum is derived from Dayn (debt), meaning "some of you lend to others." Linguists state that Qard (loan) is different from Dayn. A Qard is when one lends dirhams, dinars, grain, or dates without stipulating a term. A Dayn, however, allows for a stipulated term.

• Adana (he sold on credit) means selling goods for a deferred price.
• Daana yadeenu means he lent (as a creditor).
• Daana yadeenu also means he borrowed (as a debtor).

Regarding the meaning of Mudaayanah in this context, there are several opinions:

1. Opinion of Ibn Abbas: It refers to Salam (forward sale). When the Prophet (PBUH) arrived in Medina, they practiced Salam for two or three years concerning dates. The Prophet (PBUH) then said: "Whoever practices Salam, let him practice it for a known measure, a known weight, until a known term." Allah then clarified the necessary precautions for measure, weight, and term: "When you contract a debt for a specified term, then write it down."
2. Second Opinion: Qard (Loan): This is weak because, as established, a term cannot be stipulated in a pure Qard, whereas the debt mentioned in the verse stipulates a term.
3. Third Opinion (Majority of Commentators): Sales are of four types:
   • Selling object for object (spot sale): This is not Mudaayanah at all.
   • Selling debt for debt: This is void (batil) and not covered by this verse.
   • Selling object for debt (deferred price sale): This is covered.
   • Selling debt for object (Salam): This is also covered.

Questions Regarding Tadaayantum

Question 1: Tadaayantum is Mufa'alah (reciprocal action), implying debt from both sides, which is selling debt for debt—a universally void transaction. Answer: Tadaayantum here means "you transact" (ta'aamaltum), implying: "When you transact in something that involves debt."

Question 2: Since Tadaayantum implies debt, what is the purpose of adding the phrase "with a debt" (bi-daynin)? Answer (Multiple):

1. Ibn al-Anbari: Tadayun can mean two things: transacting with money, or retribution ("As you deal, so you will be dealt with," where dayn means recompense). Allah mentioned "debt" to specify the first meaning.
2. Al-Kashshaf: The phrase "with a debt" is mentioned so that the pronoun in "write it down" (faktubuhu) can refer back to it. Otherwise, one would have to say, "Write down the debt," which is less eloquent.
3. Emphasis: It serves as emphasis, like saying, "All the angels prostrated, all of them."
4. Scope: It clarifies that any debt—small or large, whether a loan, Salam, or deferred sale—is included.
5. My View: Since Mufa'alah usually implies debt for debt (which is void), saying "When you contract a debt" might restrict the ruling only to that void transaction. By saying, "When you contract a debt with a debt," it means: "When you transact a debt transaction that results in one debt," thereby excluding debt-for-debt and leaving only object-for-debt or debt-for-object.

Question 3: The verse says, "When you contract a debt," but the word Idha (when) does not inherently imply generality. Why didn't it say, "Whenever you contract a debt"? Answer: Although Idha does not strictly necessitate generality, it does not prevent it. Here, the reason for the command (writing) proves generality. The reason given at the end is: "That is more just with Allah and more upright for testimony and nearer to preventing doubt." If a debt transaction occurs without writing, the details are forgotten. This might lead the creditor to falsely claim an increase (injustice) or the debtor to forget a reduction (losing his right). Writing secures against both. Since this reason applies to all debt transactions, the ruling must apply to all.

Question 1: What is the term (Ajal)? Answer: Ajal linguistically means the set time for the end of a period. A person's ajal is the time limit for their life. The ajal of a debt is a specific future time. It derives from delay (ta'khir); Ajjala shay'an means he delayed it. Aajil is the opposite of Aajil (immediate).

Question 2: Since Mudaayanah inherently implies a deferred term, what is the benefit of mentioning the term after mentioning Mudaayanah? Answer: The term is mentioned so that it can be described by the word "specified" (musamma). The benefit of musamma is that the term must be known, such as by year, month, or day. Stipulating it as "until the harvest," "until the threshing," or "until the Hajj arrives" is invalid due to the lack of specification.

Allah commanded two things regarding debt transactions: writing and witnessing.

First Command: Writing (Al-Kitabah)

Issue 1: The Benefit of Writing and Witnessing Transactions involving a deferred term are prone to forgetfulness, delayed demands, and denial (jahd). Writing and witnessing serve as a means to protect the wealth from both parties:

• The creditor, knowing his right is recorded, will refrain from demanding an increase or demanding payment before the term ends.
• The debtor, knowing this, will refrain from denial and will prepare to gather the funds before the due date so he can pay when required.

Issue 2: The Ruling on the Command to Write Those who hold that the apparent meaning of the command is merely Nadb (recommendation) have no issue here. However, those who hold it implies Wujub (obligation) differ:

• Obligation: The view of 'Ata, Ibn Jurayj, Al-Nakha'i, and the choice of Muhammad ibn Jarir al-Tabari. Al-Nakha'i said: "Testify even if it is for a small amount of grain."
• Recommendation (Majority View): The view of the majority of jurists. The evidence is that Muslims across the Islamic world conduct deferred sales without writing or witnessing, indicating a consensus that it is not obligatory. Furthermore, imposing obligation would be an extreme hardship, while the Prophet (PBUH) was sent with the easy and lenient Hanifiyyah.
• Obligation then Abrogation: Some hold it was obligatory but was abrogated by the subsequent verse: "But if some of you trust others, then let him who is trusted discharge his trust" (2:283). This is the view of Al-Hasan, Al-Sha'bi, Al-Hakam, and Ibn Uyaynah.

Conditions for Writing:

Condition 1: The Scribe Must Be Just (Bil-'Adl) The command "Then write it down" (faktubuhu) seems to imply an obligation on everyone to write. This is impossible if the person is illiterate. Therefore, the meaning is that the writing must occur, similar to the command to cut off the hand of the thief (5:38), which implies the action must happen, carried out by the Imam or his deputy. The phrase "Let a scribe write between you with justice" confirms that the writing must be done by someone.

Regarding "with justice" (bil-'adl), there are several interpretations:

1. Writing exactly what the debt is, without increasing or decreasing it, in a form that serves as proof if needed.
2. If the scribe is a jurist, he must write in a way that does not favor one party over the other, ensuring both parties are safe from the other invalidating their right.
3. Some jurists say justice means writing something agreed upon by scholars, which a judge could not invalidate based on any school of jurisprudence.
4. Avoiding ambiguous terms that lead to dispute. These requirements necessitate that the scribe be a jurist, knowledgeable in scholarly opinions, eloquent, and capable of distinguishing between similar terms.

Condition 2: "And let not a scribe refuse to write as Allah has taught him, so let him write."

Issue 1: The Ruling on Refusal The apparent meaning is a prohibition against any scribe refusing to write, making it obligatory for every scribe. Interpretations vary:

1. Guidance/Recommendation: It is guidance towards what is best, as Allah has honored the scribe with knowledge of religious rulings, so he should write as thanks for that grace (like "Do good, as Allah has done good to you").
2. Fard Kifayah (Collective Obligation): The view of Al-Sha'bi. If only one person can write, it becomes obligatory for him. If there are many, the obligation falls on one of them.
3. Obligation then Abrogation: It was obligatory, but abrogated by "And let not a witness or a scribe be harmed."
4. Obligation on How to Write: The obligation is tied to how he writes: if he writes, he must write according to what Allah taught, observing all conditions. If he writes without these conditions, the purpose is defeated, and the wealth is lost.

Issue 2: The relation of "as Allah has taught him" (kama 'allamahu Allah)

1. It relates to the preceding clause: The scribe must not refuse the writing that Allah taught him, nor should he write anything other than what Allah taught. Then, "so let him write" refers to that specific writing.
2. It relates to the following clause: "And let not a scribe refuse to write," and then, "so let him write as Allah has taught him." This implies an absolute command to write, followed by the command to write according to the divine standard. (Both views mentioned by Al-Zajjaj).

Condition 3: "And let the one who owes the debt dictate..." (Walyummill alladhi 'alayhi al-haqq)

Issue 1: The Necessity of Dictation Even if a knowledgeable person is chosen to write the contract, this is incomplete without the dictation of the debtor, which includes his admission of the debt's amount, type, description, and term.

Issue 2: Amlal vs. Imla' Amlala 'alayhi al-kitab is the dialect of Hijaz and Banu Asad. Amlaytu is the dialect of Tamim and Qays. The Quran uses both forms (e.g., "It is dictated to him morning and evening" - 25:5).

Follow-up Command: "And let him fear Allah, his Lord, and let him not omit therefrom anything." This commands the debtor dictating the debt to admit the full amount owed without omitting anything.

Exception for Incapacity: "But if the one who owes the debt is foolish or weak or unable to dictate himself, then let his guardian dictate with justice." If the debtor's admission is not valid, the admission of his guardian is accepted.

Issue 1: Distinguishing the Three Categories The use of "or" (aw) between the three terms (foolish, weak, unable to dictate) implies they are distinct categories:

1. Foolish (Safeeh): Lacking sound judgment among adults.
2. Weak (Da'eef): Minor, insane, or senile elder—those who have completely lost reason.
3. Unable to Dictate (La yastatee'u an yumilla): Someone mute (due to tongue impairment) or ignorant of the details of his assets/liabilities. For all these, dictation and admission are invalid, so a substitute is needed: his guardian (wali). The guardian of the legally restricted foolish person, or the guardian of the minor, must admit the debt on their behalf, just as they handle their other affairs. This is the correct view.

• Ibn Abbas, Muqatil, and Al-Rabi' suggested the guardian (wali) refers to the creditor. This is rejected because the creditor's claim is already accepted if writing/witnessing is waived; why would we need writing/witnessing if the creditor's word alone suffices?

"And call to witness two witnesses from among your men." The purpose of writing is to facilitate proof through witnesses in case of denial.

Issue 1: Istashhidu (Call to witness) It means "make them witnesses." Shahidan (witness) is in the form of Fa'eel meaning Fa'il (active participle).

Issue 2: The addition "from among your men" (min rijalikum)

1. From your religion (i.e., Muslims).
2. Some say: Free men.
3. Those whom you deem fit for testimony due to their justice.

Issue 3: Conditions of Testimony (Focus on Slaves) Many conditions exist in jurisprudence. Here, we note the difference regarding the testimony of a slave:

• Permissible: Shurayh, Ibn Sirin, and Ahmad permitted the testimony of a slave. Their proof: The verse is general, encompassing slaves. Furthermore, intellect, piety, and justice prevent lying, and these qualities are not negated by slavery.
• Impermissible: Al-Shafi'i and Abu Hanifa. Their proof: The verse "And let not the witnesses refuse when they are called" implies that every witness must attend the testimony when summoned. Since consensus holds that a slave is not obligated to attend such summonses, he cannot be a witness. (This reasoning is considered strong.)

Regarding the phrase "from among your men," those who interpret it as "those whom you deem fit for testimony" must explain why slaves are excluded if they meet the criteria of justice.

"But if there are not two men, then one man and two women..." There are four ways to interpret the structure here (all acceptable according to Ali ibn Isa):

1. Let there be one man and two women.
2. Let one man and two women testify.
3. The witness is one man and two women.
4. So, one man and two women testify.

This is similar to the verse on divorce: "And bring to witness two just men from among you" (65:2). This verse indicates that not everyone is qualified to be a witness. Jurists list ten conditions for accepting testimony, including being free, adult, Muslim, just, knowledgeable of what is being witnessed, and the testimony must not bring personal benefit or avert personal harm, nor should the witness be known for frequent error, lack of integrity, or enmity with the defendant.

The meaning is that forgetfulness is common in women due to the abundance of cold and moist temperaments. If two women forget, it is less likely than one woman forgetting. Thus, two women are made equivalent to one man, so that if one forgets, the other reminds her. This is the purpose of the verse.

Issue 1: Recitation of An Tadilla (Lest She Err)

• Hamzah: Read In tadilla (with kasra on In) and Fathakkiru (with raf' and shaddah). The Jawab (result) clause is in the Jazm position (though not apparent with the shaddah), but Fathakkiru is in Raf' because it is a new nominal sentence following the conditional clause.
• Others: Read An tadilla (with nasb on An). Two interpretations:
  1. The Khafid (preposition) is omitted: "Because she errs."
  2. It is an object (Maf'ul li-ajlih): "For the purpose of her erring."

Rebuttal: How can the purpose be her erring when witnessing is for remembrance? Answer: There are two objectives:

1. Establishing the testimony, which requires one woman reminding the other.
2. Demonstrating the superiority of the man over the woman, showing that equating two women to one man is just in this context. This second objective is only achieved if one woman errs and the other reminds her. Since both objectives are intended, and both require one woman to err and the other to remind, the structure is justified.

Issue 2: Meaning of Ad-Dalaal (Err/Go Astray)

1. It means forgetting, as in "What they used to invent has gone astray from them."
2. It means losing the way, as in straying from the path. (The two meanings are close.) Abu 'Amr said the root meaning of Dalaal in Arabic is "to be hidden/absent."

Issue 3: Recitation of Fathakkiru (She Reminds)

• Nafi', Ibn 'Amir, 'Asim, Al-Kisai: Fathakkiru (with shaddah and nasb).
• Hamzah: Fathakkiru (with shaddah and raf').
• Ibn Kathir and Abu 'Amr: Fathakkaru (with takhfif and nasb).
  • Tathqil (shaddah) is more common (e.g., "So remind, for indeed, you are only a reminder").
  • Takhfif (no shaddah) treats the verb as transitive via the Hamzat al-Af'al (like nazzala and anzala).

Most commentators agree that this reminding is related to forgetting. Sufyan ibn 'Uyaynah narrated a view that Fathakkiru means "make her a reminder," implying the testimony of two women equals one man's testimony. This view is rejected by the majority because if women's testimony alone were sufficient, they wouldn't need a man to validate it. The second reason is that Fathakkiru contrasts with An Tadilla (erring/forgetting); thus, reminding must contrast with forgetting.

Issue 1: The Ruling on Refusal

1. Most Correct View: It is a prohibition against a witness refusing to perform the testimony when the right-holder needs it.
2. Bearing Testimony: It means bearing testimony in general (Qatadah and Al-Qaffal's choice). Just as the scribe was commanded not to refuse writing, the witness is commanded not to refuse bearing testimony, as both are necessary to prevent the loss of rights.
3. When No One Else is Available: It applies only when there are no other witnesses.
4. Bearing and Performing: Al-Zajjaj suggests it covers both bearing the testimony initially and performing it later.

The first view (prohibition against refusing to perform the testimony) is supported because the verse implies they are already witnesses ("let not the witnesses refuse"), which only happens when performing the testimony. The command to call witnesses (Istashhidu) implies the obligation to bear the testimony. Therefore, applying this verse to the obligation of performing the testimony provides a new, necessary meaning.

If the witness is specifically designated, performance is obligatory. If there are many witnesses, it becomes a collective obligation (Fard Kifayah).

Issue 2: This verse confirms that slaves cannot be witnesses (as discussed above).

Issue 3: Testimony + Oath vs. Testimony Alone Al-Shafi'i permits judgment based on one witness plus an oath. Abu Hanifa rejects this, arguing that since Allah specified one man and two women when two men are absent, allowing one witness plus an oath nullifies this specific arrangement. Al-Shafi'i cites the Prophet's (PBUH) judgment based on one witness and an oath.

Allah repeats the command for writing: "And let not a scribe refuse to write as Allah has taught him, so let him write."

Issue 1: As-Saamah (Tiresomeness/Boredom) Saamah means boredom or weariness. The intent is to urge writing whether the amount is large or small, because disputes over small amounts can lead to great corruption.

Issue 2: The Nasb of An Taktubuhu It can be interpreted in two ways:

1. Making it a verbal noun (Masdar): "And do not be weary of writing it."
2. Omitting the preposition: "And do not be weary from writing it until its term."

Issue 3: The Pronoun in An Taktubuhu The pronoun must refer back to what was previously mentioned: either the debt (ad-dayn) or the right (al-haqq).

Issue 4: The word La was read with a Ya' in both instances by some reciters.

"That is more just with Allah and more upright for testimony and nearer to preventing doubt."

Allah explains that writing encompasses three benefits:

Benefit 1: "That is more just with Allah" (Aqsat 'inda Allah)

1. Dhalikum (That) refers to the act of writing, which is a verbal noun.
2. Al-Qaffal: That which I commanded you—writing and witnessing—is more just with Allah, even among those who agree. Justice (Qist) means fairness. This is more just because a written record is closer to certainty and truth, and further from ignorance and falsehood. (Similar to calling people by their true fathers being more just.)

Benefit 2: "And more upright for testimony" (Wa Aqwam lil-Shahadah) Aqwam implies a higher degree of straightness (istiqamah), which is the opposite of crookedness. A standing object is the opposite of a bent one.

• Grammar: Aqsat and Aqwam can be derived from Aqsata and Aqama, or from Qasit (unjust) and Qawwim (straight). Writing is more upright for testimony because it is the means for preservation and remembrance, making it closer to straightness. The first benefit relates to achieving Allah's pleasure (Religion), while the second relates to worldly benefit (Dunya). The religious benefit is mentioned first to indicate its priority.

Benefit 3: "And nearer to preventing doubt" (Wa Adna an la Tartabu) This means it is closer to removing suspicion and doubt from the hearts of the contracting parties. The first two benefits relate to achieving positive interests (Religion and Worldly benefit), while this third benefit relates to averting harm from oneself and others.

• Harm to Self: One does not remain in doubt about how the transaction occurred or whether one's statement was true or false.
• Harm to Others: It prevents the other party from accusing one of lying or negligence, thus avoiding the sin of backbiting or slander.

"Except if it be a present trade which you conduct among yourselves..."

Issue 1: The Exception (Illa)

1. Connected Exception: It refers back to "When you contract a debt for a specified term, then write it down." Debt can be for a near or distant term. Since writing was commanded for all deferred debt, this exempts transactions where the term is very short (i.e., spot trade).
2. Disjointed Exception: It is a new statement: "However, if it is a present trade you conduct among yourselves, there is no blame upon you for not writing it." Allah permitted waiving writing and witnessing in this type of trade because it is common, and imposing documentation would be burdensome. Furthermore, since each party receives their right immediately in the same session, there is no fear of denial, thus negating the need for writing/witnessing.

Issue 2: "If it be" (An Takuna)

1. It means "if it occurs/happens," as in "If the debtor is in hardship."
2. Al-Farra' suggested Kana is incomplete: the subject is "a present trade," and the predicate is "which you conduct among yourselves."

Issue 3: Reading of Tijaratan (Trade)

• 'Asim: Reads it in the accusative (Nasb), implying an omitted subject: "Except if the transaction is the transaction of a present trade..." or "Except if the matter/affair is a present trade..." Al-Farsi rejected this, saying debt (Mudaayanah) cannot be a present trade. This is countered by saying if the term is only an hour, it can still be called a present trade.
• Others: Read it in the nominative (Raf'), supporting the view that Kana is incomplete (Issue 2).

Issue 4: Meaning of Trade (Tijarah) Trade means dealing with property, whether present or deferred, seeking profit. Since the transaction involves exchange (ibdal), "present trade" means immediate exchange, hand-to-hand.

Waiver of Writing: "...then there is no blame upon you for not writing it." This means there is no harm (madarrah) in omitting writing. It does not mean there is no sin (ithm), because if it were sinful, writing would be obligatory, which is contrary to established practice.

Waiver of Witnessing: "And call to witness if you transact." The majority hold that while writing is waived for spot trade, witnessing is not waived, as witnessing without writing is less burdensome, and in case of dispute, the fear of forgetfulness is less severe.

It is clear that the purpose of these commands is guidance toward precaution.

"And let neither a scribe nor a witness be harmed."

This can be interpreted in two ways:

1. Prohibition against Harming the Right-Holder: The scribe must not cause harm by increasing, decreasing, or omitting necessary precautions. The witness must not harm by refusing to testify or testifying in a way that yields no benefit. (View of most commentators, Al-Hasan, Tawus, Qatadah).
2. Prohibition against the Right-Holder Harming the Scribe/Witness: The right-holder must not harm them or prevent them from their duties. (View of Ibn Mas'ud, 'Ata, Mujahid).

Both interpretations are linguistically possible due to the Idgham (doubling) in La Yudarra.

• If the first Ra' is kasr (La yudarrar), the scribe/witness are the doers of harm.
• If the first Ra' is fath (La yudarrar), they are the recipients of harm (similar to "Let no mother be harmed by her child").

The first view is preferred because the subsequent verse warns of Fusuq (sinfulness) if harm occurs, and sin is more closely linked to the actions of the scribe/witness in the first interpretation.

"And if you do so, then indeed, it is a sin in you."

1. This may apply specifically to the preceding prohibition: If you commit the harm (dharar) forbidden here, it is sin.
2. It may be general, applying to all commands and prohibitions: If you do anything forbidden or omit anything commanded, it is Fusuq (deviation from Allah's obedience).

"And fear Allah." This refers to fearing harm here, or it is general, commanding fear of Allah in all His commands and prohibitions.

"And Allah teaches you." He teaches you guidance and precaution for worldly matters, just as He teaches you guidance for religious matters. "And Allah is knowing of all things," indicating His knowledge of all interests in this life and the Hereafter.

"And if you are on a journey and cannot find a scribe, then [take] a pledge taken into possession (Rahnun Maqbudah). And if some of you trust others, then let him who is trusted discharge his trust, and let him fear Allah, his Lord. And do not conceal the testimony, for whoever conceals it - indeed, his heart is sinful. And Allah is Knowing of what you do."

This verse addresses the situation when debt is contracted while traveling and no scribe is available.

The Pledge (Rahn): A pledge taken into possession is required.

Trust (Amanah): If there is no pledge, then trust is established: "Let him who is trusted discharge his trust."

Prohibition of Concealing Testimony: "And do not conceal the testimony, for whoever conceals it - indeed, his heart is sinful."

This is a strong warning against concealing testimony, linking the concealment directly to sinfulness of the heart.

Allah's Knowledge: "And Allah is Knowing of what you do." (A final affirmation of His omniscience regarding all actions.)